Humanitarian & Compassionate Cases
Applications to remain in Canada based on humanitarian and compassionate (H&C) grounds are used, in exceptional circumstances, for those who are not found to be eligible to become permanent residents.
These applications are complex. If you are thinking about proceeding with an H&C application in order to remain in Canada, it is advisable to have assistance from a legal professional. These applications require legally rigorous and highly technical submissions as to why you should be allowed stay in Canada, even though you do not meet any other immigration criteria.
To present these arguments to the government, Fisher Law will:
ensure that relevant and powerful documents of support are included in the application;
communicate with you continuously to provide support throughout the long and tiring application process;
interview family members, friends, employers and contacts who may be relevant to the situation;
take significant time and effort to build a solid case for your staying in Canada;
be certain to meet all timelines and requirements of the government; and
be the central hub for the extensive information needed to be collected.
H&C applications can only be made in exceptional situations and must meet exacting and onerous requirements. These applications are not available for those seeking temporary residence in Canada and cannot be submitted if you have a pending refugee claim.
In addition, barring a few exceptions, if you have had a negative decision on your refugee claim, you must wait 12 months before making an H&C application.
Making the application does not provide a stay (“cancellation”) of any removal order. H&C applications may take years before a decision is given. Having Fisher Law support you through this process will help ease the stress often experienced during these complicated and long-term applications.